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NEPA Compliance at APHIS

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The National Environmental Policy Act (NEPA) is a law that requires Federal agencies

to assess the possible environmental effects of our proposed actions before making

decisions. We must also offer opportunities for public review and comment during

that process. This helps make sure that Federal decisions are well-informed and

environmentally responsible.

As a Federal agency, APHIS must follow many laws, but NEPA is one of our most

central obligations. A wide range of actions we take—rulemaking to address animal

and plant health risks, programs that reduce wildlife damage, decisions on

biotechnology permits, and more—may invoke NEPA requirements.

Learn More About NEPA

Our NEPA Procedures

The NEPA review process begins at APHIS when an issue and need for action first

arise, either through ongoing work or an outside request. We analyze potential

proposed agency actions and establish whether they may have significant
environmental effects.

We follow the APHIS NEPA implementing procedures to determine whether to

prepare one of three types of environmental compliance documentation:

1. Categorical exclusion

2. Environmental assessment

3. Environmental impact statement

Regardless of the chosen path, we may need to consult and coordinate with other

Federal, State, and local agencies and Tribal governments throughout the process.

Categorical Exclusion

A categorical exclusion is a category of actions that do not have the potential to

significantly affect the environment. If our review shows that a proposed action falls

within a categorical exclusion, neither an environmental assessment nor an

environmental impact statement is generally required.

Categorical exclusions allow for immediate action to be taken once analysis is

complete, but the situations under which they may be used are limited. Our NEPA

implementing procedures identify the criteria for actions that qualify to be

categorically excluded (7 CFR 372.5).

Environmental Assessment

An environmental assessment is a concise public document that uses best available

science and information to determine if a proposed Federal action will have a

significant impact on the environment. This assessment must describe (but is not

limited to): the need for the proposed action; alternatives to the proposed action,

including a “no-action” alternative; and the potential environmental effects of all

alternatives.

During the assessment process, we may find no significant impacts are likely to

occur from the preferred action. In that case, we prepare a decision document called

a “finding of no significant impact.” This document explains the reasons for our
conclusion. Our NEPA implementing procedures identify the criteria for actions that

qualify for an environmental assessment (7 CFR 372.5).

Environmental Impact Statement

An environmental impact statement is a more detailed public document APHIS

prepares if:

1. We expect our proposed action's effects on the environment may be significant,

2. Our environmental assessment indicates a need for further evaluation of the

proposed action's impacts, or

3. The proposed action is one that requires an environmental impact statement

due to agency regulations.

The statement describes the potential environmental effects of the proposed action,

explains what steps may be taken to minimize any negative impacts, and offers at

least two alternative actions.

After publishing a final environmental impact statement, we proceed with a decision

document called a “record of decision.” This document identifies our selected

environmentally preferred alternative. It also details related commitments, such as

specific enforcement and monitoring activities. After publishing a record of decision,

we will proceed with the selected action.

Public Involvement

We work to maximize public participation in the NEPA process. We publish notices

and documents in the Federal Register, on our website, and in local newspapers and

provide commenting opportunities via regulations.gov and mail. See what APHIS has

available for public comment on animal health, animal welfare, biotechnology, plant

health, and wildlife damage management.

Final NEPA Documents by Program Area

Most APHIS environmental documents and comments received are available to the

public on regulations.gov. For easy reference, we also make final NEPA documents

available on our website by APHIS program area.
National Environmental Policy Act Documents: Wildlife Services 

National Environmental Policy Act Documents: Plant Protection and Quarantine 

Biotechnology Regulatory Services NEPA Documents for Legacy Petitions 

Other Environmental Laws

APHIS also complies with all other applicable environment regulations, including the

Endangered Species Act and the Federal Insecticide, Fungicide, Rodenticide Act

(FIFRA). Under FIFRA, the Environmental Protection Agency oversees the

registration, distribution, sale, and use of all pesticides in the United States. The U.S.

Fish and Wildlife Service and National Marine Fisheries Service enforce compliance

with the Endangered Species Act to protect threatened and endangered species and

critical habitat.

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